Last Modified: 08/28/2022
GENERAL TERMS OF SERVICE
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platform.Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Platform or when provided notice from Rhove that our Terms of Service have been updated so that you are aware of any changes, as they are binding on you. The date Rhove most recently revised these Terms of Service will be listed on the first and last pages of these Terms of Service next to the words “Last Modified.”
Accessing the Platform and Account Security
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Rhove, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.These Terms of Service permit you to use the Platform for your personal, non-commercial use only, except as otherwise expressly set forth on the Platform. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.If we provide social media features with certain content, you may take such actions as are enabled by such features.You must not directly or indirectly:Modify copies of any materials from the Platform.Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.Download, access, combine, or match Rhover Contributions or other personal information of users or otherwise made available on or through the Platform, or accept, enable, or otherwise use information or materials that enables or otherwise permits any of the forgoing.You must not access or use for any commercial purposes any part of the Platform or any services or materials available on or through the Platform, except as expressly set forth on the Platform.If you wish to make any use of material on the Platform other than as set out in this section, please address your request to email@example.com.If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Rhove. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Rhove name, the Rhove logo, and all related names, logos, product and service names, designs and slogans are trademarks of Rhove or its affiliates or licensors. You must not use such marks without the prior written permission of Rhove. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform directly or indirectly:In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “pyramid schemes“ , “chain letter” or “spam” or any other form of solicitation.To impersonate or attempt to impersonate Rhove, a Rhove employee, another registered user or any other person or entity (including, without limitation, by using e-mail addresses, account names or screen names associated with any of the foregoing).To upload, post, transmit, share, store or otherwise make publicly available on the Platform any private information of any Rhover or third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.To harvest or collect email addresses or other contact information of Rhovers from the Platform by electronic or other means for any purpose or no purpose, and will not send unsolicited emails or other unsolicited communications.Except where expressly authorized by Rhove in writing, you will not directly or indirectly register for or otherwise create more than one Rhover account, register for a Rhover account on behalf of an individual other than yourself, operate a Rhover account on behalf of or for the benefit of any person or entity who is not eligible to register for or operate a Rhover account in their own name, or register for a Rhover account on behalf of any group or entity.To circumvent, subvert or otherwise violate any rules set forth on or through the Platform.To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and its activities and offerings, or which, as determined by us, may harm Rhove or users of the Platform or expose them to liability.Additionally, you agree not to:Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including such party’s ability to engage in real time activities on or through the Platform.Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.Use any manual process to monitor, scrape, or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.Use any device, software or routine that interferes with the proper working of the Platform.Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server(s) on which the Platform (or any portion of the Platform) is stored, or any server, computer or database connected to the Platform.Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Platform.
INTERACTIVE SERVICE AND RHOVER CONTRIBUTIONS
WITHOUT LIMITING THE FORGOING, IN EACH CASE, YOU REPRESENT AND WARRANT THAT THE INFORMATION YOU PROVIDE AND ALL ACTIONS YOU TAKE, INCLUDING WITHOUT LIMITATION ANY INDICATION OF INVESTMENT INTEREST, PROPERTY SUBMISSION, PRIVATE SYNDICATION, PETITION, AND ANY INFORMATION YOU OTHERWISE PROVIDE RELATED TO THE SUBMISSION OF A PROJECT FOR FUNDING ON OR THROUGH THE PLATFORM OR OTHERWISE TO RHOVE IS TRUE, CORRECT, AND COMPLETE UNDER PENALTIES OF PERJURY, AND MAY BE RELIED ON BY RHOVE AND USERS, AND YOUR USE OF THE PLATFORM, INDIVIDUALLY AND IN THE AGGREGATE WITH OTHER USERS IS AND SHALL REMAIN IN COMPLIANCE WITH ALL APPLICABLE LAW.Monitoring and Enforcement; TerminationWithout limitation, we have the right to:Remove or refuse to post any Rhover Contributions for any or no reason in our sole discretion.Take any action with respect to any Rhover Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Rhover Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for Rhove.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Service.Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS RHOVE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any registered user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You are solely responsible for your interactions with other Rhovers. We reserve the right, but have no obligation, to monitor disputes between you and other Rhovers. Rhove is not responsible for the conduct, whether online or offline, of any Rhover.
Copyright InfringementIf you believe that any Rhover Contributions violate your copyright, please contact us at firstname.lastname@example.org. It is the policy of Rhove to terminate the user accounts of repeat infringers.Reliance on Information PostedThe information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.You hereby acknowledge and agree that Rhove may provide or otherwise make available information and features on or through the Platform, such as feedback, lists of featured properties, and featured profiles, and blue check mark indicators with certain profiles, or certain features of the Platform may be utilized for private placements. However, such information does not constitute and will not be construed as advice, an introduction, endorsement, indication of suitability, recommendation, or other representation by Rhove; Rhove provides or otherwise makes such information available AS-IS without warranty, solely for the convenience of Rhovers.Rhove is an interactive computer service platform, not a publisher. Rhove is solely an intermediary for the Rhover Contributions of Rhovers. Rhove HAS NO RESPONSIBILITY FOR AND NO OBLIGATION TO MONITOR RHOVER CONTRIBUTIONS FOR APPROPRIATENESS, ACCURACY, OR OTHERWISE, AND DOES NOT RECOMMEND OR ENDORSE, ANY RHOVER CONTRIBUTION POSTED, UPLOADED, OR OTHERWISE MADE AVAILABLE BY USERS OR THIRD PARTIES, ON OR THROUGH THE PLATFORM. RHOVER CONTRIBUTIONS DO NOT NECESSARILY REFLECT THE OPINION OF RHOVE.The Platform includes content provided by third parties, including materials provided by property owners, and their representatives, and other registered users, and third-party licensors, and/or other providers and parties. All statements and/or opinions expressed in these materials, and all articles and comments, and responses to questions and other content, other than the content provided by Rhove, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Rhove, and reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Rhove, and IN NO EVENT SHALL THE PLATFORM OR ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE PLATFORM OR OTHERWISE BY RHOVE BE CONSTRUED AS TAX OR INVESTMENT ADVICE FROM RHOVE. RHOVE IS NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY USERS OR OTHER THIRD PARTIES, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM. THE PLATFORM AND INFORMATION CONTAINED HEREIN OR MADE AVAILABLE THROUGH THE PLATFORM MAY NOT BE SUITABLE FOR ALL USERS.CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURESBecause Rhove operates on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our giving you certain disclosures electronically, either via our Platform or to the email address (or other electronic means of communication) you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any IRS Forms) arising from or relating to your use of the Platform , including any securities you have purchased, FBO account transactions, your use of the Service, and the voting of any securities you have purchased as an investor in any offering made available through the Platform (each, a "Disclosure"), whether we are acting in the capacity as issuer, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.
Any Disclosures will be provided to you electronically through our Website, App or via electronic mail to the email address you provided or through other electronic means of communication based on information provided by you. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Forms are made available; after that time the IRS Form may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Types of Communications to be Provided in Electronic Form
How We Will Provide Communications to You
All Communications that we provide to you in electronic form will be provided by one or more of the following methods: (1) via email, (2) via a mobile application, (3) by requesting that you download a PDF file containing the Communication, or (4) via SMS text. If we make a Communication available to you, we will notify you by email at the address you provide to us or by text message to the phone number you provide us that a Communication is available for you to access. Even though you have consented to receive Communications electronically, we may always in our discretion or when required by applicable law provide Communications to you in paper form at the mailing address that you have provided to us.
Scope of Consent
Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Rhove or between you and another party with whom you transact through the Platform. Your consent will remain in effect for so long as you are a are a user and, if you are no longer a user, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a Rhover have been made.
Consenting to Do Business Electronically
Before you decide to do business electronically with Rhove, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements
In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software; and hardware capable of running this software.
Telephone Consumer Protection Act Overview Consent
You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Consent to Digital Call Recording
Rhove may use technology that records telephone calls for quality assurance, customer service, training and data analysis purposes only. By agreeing to our Terms of Service, you hereby consent to our recording of telephone conversations between you and Rhove representatives and you hereby agree that our employees and authorized representatives may listen to a call that has been recorded on our behalf for the purposes set forth above. To unsubscribe from text messages at any time reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any text message you receive from Rhove. You consent that following such a request to unsubscribe, you may receive one final text message from Rhove confirming your request. Note that unsubscribing from promotional and/or account-related texts will not prevent Rhove from sending you text messages for security and authentication purposes.
Additional Mobile Technology Requirements
If you are accessing our Platform, or the Disclosures electronically via a mobile device (such as a smartphone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device's respective "app store".
You may not withdraw consent to electronic Disclosures, for as long as you have outstanding investments. If you have no outstanding investments made through the Platform and wish to withdraw consent to electronic Disclosures, we will terminate your registered account with us.
How to Contact Us Regarding Electronic Disclosures
You can contact us via email at email@example.com. You may also reach us in writing to us at the following address: Rhove, 629 North High Street, Columbus, Ohio 43215. If you are an individual Rhover, you will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to firstname.lastname@example.org. You also agree to update your registered residence address and telephone number on the Platform if they change. If you are a business or entity Rhover or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address, as discussed under " Business and Other Entity Terms" below. You will print a copy of this Agreement for your records, and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Platform.
Notwithstanding anything to the contrary in these Terms of Service, in no event shall anything in these Terms of Service be deemed to be a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.The securities offered on the Platform by their respective issuers have not been registered under the Securities Act of 1933, in reliance on the provisions of Regulation A, promulgated pursuant to Section 3(b) of the Securities Act and/or other applicable federal and state securities exemptions. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Securities sold in Regulation A offerings remain subject to State securities laws, or so-called "blue sky", restrictions on trading. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering or trading on the Platform.Investment overviews and so-called “tombstone” advertisements on the Platform may contain summaries of the principal features or terms of investment opportunities available through the Platform. Such overviews and tombstone advertisements are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the Offering Circular filed with the Securities and Exchange Commission or other offering materials relating to such investment opportunity. YOU MUST CAREFULLY REVIEW THE RELEVANT OFFERING CIRCULAR AND OR OTHER OFFERING MATERIALS BEFORE DECIDING TO INVEST. The information contained on the Platform has been prepared by Rhove without reference to any particular Rhover’s investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.The terms of our offerings preclude you from becoming a beneficial owner of 20% or more of any issuer's outstanding equity securities. You represent that you will not attempt to circumvent this policy and you understand that each issuer will be entitled pursuant to its operating agreement to unwind or not recognize your beneficial ownership in excess of such threshold.
Rhove may provide individuals and communities with tools to petition property owners to enable investment in certain properties. Upon completion of a petition, Rhove may make an advocacy page available on or through the Platform. You acknowledge such pages are not offerings under Regulation Crowdfunding (CF) or otherwise, and Rhove is not a registered funding portal; Rhove is not a registered broker-dealer, regulated investment company, or registered investment adviser.
Submitting a Project (for a Rhove Raise)
By submitting a project to Rhove for a Rhove Raise or otherwise, you acknowledge Rhove, or a Rhove affiliated wholly owned subsidiary, is Testing the Waters as outlined below, and Rhove may, in its sole discretion, elect to use or not use your submission. If Rhove decides to utilize your submission, such use would be for a possible offering of securities under Regulation A of the JOBS Act as outlined in the Testing the Waters section below. Such use would not be under Regulation Crowdfunding (CF), and Rhove is not a registered funding portal. You also acknowledge Rhove is not a registered broker-dealer, regulated investment company, or registered investment adviser.
Testing the Waters
Roost Enterprises Inc., dba Rhove, or its affiliates, is “testing the waters” for a possible offering of securities under Regulation A of the JOBS Act. No money or other consideration is being solicited by Rhove at this time, and if sent in response, will not be accepted. No offer to buy the securities can be accepted and no part of the purchase price can be received until the offering statement is qualified, and any such offer may be withdrawn or revoked, without obligation or commitment of any kind, at any time before notice of its acceptance given after the qualification date. If you indicate interest, your indication of interest involves no obligation or commitment of any kind. If an offering statement has been filed, you may obtain a copy of the most recent version of the Preliminary Offering Circular linked here.
No Investment Advice
You acknowledge that neither Rhove nor its affiliates are a registered investment adviser. Rhove does not provide investment advice or a recommendation of securities or investments. Furthermore, you agree that the contents of the Platform or services provided or otherwise made available on or through the Platform or provided by Rhove do not constitute financial, accounting, legal or tax advice from Rhove. You should always obtain independent investment and tax advice from your professional advisers before making any investment decisions.You acknowledge Rhove is not a registered broker-dealer, regulated investment company, registered funding portal, or registered investment adviser. Rhove does not give investment advice, endorsement, analysis, or recommendations with respect to any securities. All securities listed here are being offered by, and all information included on this Platform is the responsibility of, the applicable issuer of such securities. Rhove does not intend to register under the Investment Company Act of 1940, as amended, (the “Investment Company Act") in reliance upon exemptions available to privately offered investment companies, and, accordingly, the provisions of the Investment Company Act (which, among other matters, require investment companies to have disinterested directors, require securities held in custody to at all times be individually segregated from the securities of any other person and marked to clearly identify such securities as the property of such investment company and regulate the relationship between the adviser and the investment company) will not be afforded to Rhove or its investors.Rhove does not make investment recommendations and no communication, through this Platform or in any other medium should be construed as a recommendation for any security offered on or off this Platform. Investment opportunities that may be accessed on this Platform are private placements of securities that are not publicly traded, involve a high degree of risk, may lose value, are subject to holding period requirements and are intended for investors who do not need a liquid investment. Past performance is not indicative of future results. Investors must be able to afford the loss of their entire investment.Neither Rhove nor its affiliates, nor any of their officers, directors, agents, and employees make any warranty, express or implied, of any kind whatsoever related to the adequacy, accuracy, or completeness of any information on this Platform or the use of information on this Platform. Offers to sell securities can only be made through offering documents that contain important information about the investment and the issuers, including material risk disclosures. Investors should carefully read the offering documents. Investors should conduct their own due diligence and are encouraged to consult with their tax, legal, and financial advisors. Investors should verify any issuer information they consider important before making an investment.Investments in private companies are particularly risky and may result in total loss of invested capital. Past performance of a security, a company, or an issuer’s management team does not guarantee future results or returns. Only investors who understand the risks of real estate investments may invest.Rhove does not verify information provided by issuers on this Platform and makes no assurance as to the completeness or accuracy of any such information. Additional information about issuers fundraising on this Platform can be found by searching the EDGAR database, or the offering documentation located on the Platform when the offering does not require an EDGAR filing.
KYC AND AML MATTERS
REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Platform, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration or subscription forms on the Platform or otherwise requested by Rhove ("Individual Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Individual Registration Data, and any other information you provide to Rhove, to keep it accurate, current and complete; (d) promptly notify Rhove regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Platform or the terms on which you use the Platform; and (e) be fully responsible for all use of your account and for any actions that take place using your account.
KNOW YOUR CUSTOMER
You acknowledge that Rhove and depository agents may perform Know Your Customer (“KYC”) procedures on all subscribers, as required by either applicable law, FINRA guidelines, federal and state regulations for financial institutions or internal policies. You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by Rhove. Rhove may in its sole and absolute discretion decline to accept any person’s request in anything, at any time, with no requirement for any reason or explanation; the parties agree that such decline(s), if any, shall not constitute an opinion, recommendation or investment, legal or tax advice by Rhove.
We perform background checks on all subscribers in Rhove offerings through third-party service providers. These background checks will seek to confirm whether a subscriber’s name and identity matches the identity of anyone listed on a terrorist or criminal database or watch list or is associated with any foreign government. By subscribing for securities through the Platform you consent to such background checks. With respect to background checks (including, but not limited to data which we obtain from third parties regarding OFAC, FINCEN, PATRIOT Act, criminal history, bankruptcy, etc.), the data and information contained in our investigations is obtained from numerous regulatory, private and public sources, and is thought to be reliable. Background check information is shared with our banking and compliance partners, including but not limited to our broker dealer partner (“BD Partner” or “BD”), transfer agent partner (“TA Partner” or “TA”), alternative trading system partner (“ATS Partner” or “ATS”) or banking as a service partner (“BaaS Partner” or “BaaS”). We and or our partners may have legal obligations under the USA Patriot Act or other applicable laws designed to detect money laundering or other crimes, including obligations to report suspicious activity. We reserve the right to deny any individual the right to access investment products that are otherwise available on our Platform for any reason, including, without limitation, as a result of information obtained in connection with background checks and whether or not such information is accurate, truthful or complete.
BANKING AS A SERVICE MATTERS
VERIFICATION VIA PLAID
By using our services, you authorize Rhove to hold your deposits for your benefit at Evolve Bank & Trust, Member FDIC, in an account (“FBO Account”). For purposes of applicable FDIC deposit insurance limitations, please note that deposits in Evolve Bank & Trust FBO Account may not be separately insured from any other deposit accounts you may have with Evolve Bank & Trust.Rhove users are limited in the amount and frequency of transactions. We also retain the right to change or create limits on use and storage at our sole discretion at any time without prior notice to you. Rhove reserves the right to cancel or suspend transactions if Rhove reasonably believes the transaction: (i) is in violation of the Agreement, the Synapse Agreement or other applicable law; (ii) is in furtherance of fraud; or (iii) poses a risk to the rights of Rhove or a third party.Fund transfers will be done electronically and may occur immediately after being authorized (or when you are in default of a contribution that is due). By entering into this Agreement, you understand and agree that Rhove reserves the right, in its sole discretion, to obtain a pre-authorization of your banking account in order to verify your account and relevant account balance. Please note that Rhove cannot control any fees that may be charged to you by your bank related to transfers or otherwise, and Rhove disclaims all liability in this regard. Currently, all bank communications and transfers are stored at https://synapsefi.com/ using application level Advanced Encryption Standard (AES) 128-bit encryption over secure HTTPS connections.When you open a Synapse User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your Synapse User Account. Deposits into your User Account are held at Synapse's financial institution partners as detailed in the Synapse TOS.DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSE MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.All EFT transactions are performed by and deposits are held by Synapse's financial institution partner, Evolve Bank & Trust. Rhove and Synapse only transmit transaction instructions to Synapse's financial institution partner. Rhove will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your Synapse User Account.
Electronic Fund Transfer Disclosure Statement
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account. Electronic Fund Transfer (ETF) are any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account. You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
Please notify us as soon as you can by emailing us at email@example.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the error or problem appeared. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). By entering into this Agreement, you understand and agree that it is your responsibility to determine what, if any, Taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct Taxes to the appropriate authority. Rhove is not responsible for determining whether any Taxes apply to your transaction, or for calculating, collecting, reporting or remitting Taxes arising from any transaction.
TECHNOLOGY PROCESSING FEES
Rhove may charge Technology Processing Fees and/or fees when you use Rhove applications to transact and deposit any funds. Rhove may update or change fees at any time. Fees are calculated at the time you place your order and may be determined by a combination of factors including the selected payment method, the size of the order, market conditions such as volatility and liquidity, third party transaction costs, and fees charged by third parties for banking or technology services. The applicable fees will be listed in the preview screen which will be surfaced before you submit your transaction, and may differ for similar transactions.
BUSINESS AND ENTITY TERMS
Business and Other Entity Rhovers Eligibility
Access to the Platform for Rhovers that are businesses, other entities or persons acting on behalf of such businesses or entities, is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Platform. By using the Platform on behalf of a business or other entity, you represent and warrant that you are duly authorized by the business or other entity on behalf of which you are acting, and that you have the power and authority to enter into binding agreements on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. You confirm that you agree to all of the terms and conditions of these Terms of Service individually and on behalf of such business or other entity, and represent and warrant that you and such business or other entity will abide by all of the terms and conditions of these Terms of Service. If you, the business or entity, any other person acting on behalf of the business or entity or any guarantor (if applicable) violate any of these Terms of Service, or otherwise violate an agreement between the business or entity (or, if applicable, any guarantor) and Rhove, Rhove may terminate the business or entity's account, delete any associated profile, Rhover Contributions, and any other content or information posted on the Platform in connection with the business or entity's account and/or prohibit you, such business or entity and any other person acting on the business or entity's behalf from using or accessing the Platform (or any portion, aspect or feature of the Platform), at any time in its sole discretion, with or without notice.
Business Registration Data and Account Security
In consideration of your use of the Platform on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to (a) provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms on the Platform or otherwise requested by Rhove ("Business Registration Data"), including without limitation the business or entity's full legal name; (b) provide such materials as Rhove may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use the Platform; (c) maintain the security of any password and identification issued for use by or on behalf of the business or entity; (d) maintain and promptly update the Business Registration Data, and any other information provided to Rhove by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete; (e) promptly notify Rhove regarding any material changes to information or circumstances impacting the business or entity's legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Platform; and (f) be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.
Additional Representations for Business and Other Entity Rhovers
In addition to the Rhover Representations set forth above, which you hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use the Platform to:Register for multiple accounts on behalf of the same business or entity; operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity;Operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business or entity and Rhove or Our affiliates;Operate a account on behalf of any business or entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity;Communicate with any other Rhover regarding the business or entity, or its business operations, other than anonymously and publicly via the Platform, or upload, post, transmit, share or otherwise make available any information or informational material identifying the business or entity or its business operations (other than Business Registration Data provided to Rhove or other information requested by Rhove or otherwise necessary for your use of the Platform); andUpload, post, transmit, share, store or otherwise make publicly available on the Platform any private information regarding the business or entity, including, without limitation, addresses, phone numbers, email addresses, tax identification numbers and credit, or any personal information regarding persons associated with the business or entity (other than Business Registration Data provided to Rhove).Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:All email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes; andYou will not represent or portray the business or entity as being affiliated with Rhove in any capacity other than being a Rhover of the Platform without Rhove’s prior written consent.
Scope of License to Use
For Rhovers that are businesses or other entities, or persons acting on behalf of businesses or other entities, the limited license to access and use the Platform granted above shall be deemed granted to the business or entity member and to those authorized representatives of the business or entity for whom. Business Registration Data has been provided to Rhove while acting on behalf of the business or entity member in their official capacities. Any access to or use of the Platform by persons who are not authorized representatives of the business or entity, including but not limited to any representative for whom Business Registration Data has not been provided, voids this license and shall constitute a violation of these Terms of Service. Furthermore, this license is revocable by us at any time with regard to the business or entity member and/or any person acting on such business or entity's behalf without notice and with or without cause.
Your Wallet is web-based software that may be accessible locally on your device. Part of that software is a “private key” system used to secure your Wallet. When you log in to your Account/Wallet with your login credentials, you access the account using the private key stored on your device and the private key generated in connection with your login credentials.The Wallet may allow you to access and transfer your Blockchain Assets. With respect to your Blockchain Assets accessible through your Wallet, Rhove does not have custody of such assets, and does not have the ability to transfer such assets. You acknowledge and assume the risks regarding the use of and inability to use the Wallet:(a) A Wallet may be subject to exploits. Rhove is not responsible for exploits. Wallet technology is relatively new and it is not possible to guarantee that the code is 100% free from bugs or errors. You accept all risks that arise from using or the inability to use the Wallet, including, and not limited to, the risk of any Blockchain Assets or other funds being lost or other damages due to a failure or otherwise.(b) You are solely responsible for securing your login credentials and private key and any device you use to access your Wallet. You understand that anyone who obtains your login credentials or private key or access to your device may access your Wallet with or without your authorization and may transfer any Blockchain Assets accessible through your Wallet.(c) The value of any Blockchain Asset, where value is attached to such an asset, may fluctuate. Rhove makes no representations, warranties, or guarantees as to the price or value of any Blockchain Asset on any secondary market or otherwise.(d) Among others, the following risks are associated with using Blockchain Assets: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation on the secondary market, disruptions to the Solana blockchain caused by network issues, lack of usability of the assets due to a hard fork or other disruption to the Solana blockchain, or errors or vulnerabilities in the smart contract code associated with a given Blockchain Asset or transactions involving Blockchain Assets. Transfers on the Solana blockchain are irreversible. Once an instruction, signed by the required private key(s), to transfer a Blockchain Asset from one blockchain address to another has been executed it cannot be undone.(f) You are solely responsible for determining the tax implications and tax reporting requirements associated with transactions you engage in involving Blockchain Assets accessible through your Wallet, and for paying any applicable taxes. Rhove is not responsible for determining whether there are tax implications in connection with transactions involving Blockchain Assets accessible through Wallets, for reporting any such transactions, or for paying any applicable taxes.(g) Rhove may modify or discontinue support for the Wallet at any time. Rhove reserves the right, at any time, to modify the Wallet.(h) In the event of a change to an underlying blockchain network, or other network disruption, resulting in a fork of the existing blockchain into one (or more) additional blockchains, the Wallet may not support activity related to any new Blockchain Assets created as a result of the fork. In addition, in the event of a fork, transactions on the network may be disrupted.(i) Rhove does not charge fees for using the Wallet. However, the Solana blockchain network charges a fee for engaging in a transaction on the network, including without limitation to withdraw or otherwise transfer Blockchain Assets, and such third parties may add or modify fees at any time . You acknowledge fees fluctuate over time depending on a variety of factors. You are solely responsible for paying all network transaction fees associated with transactions you engage in on the Solana blockchain network using the Wallet. You are also solely responsible for any other third-party fees that may be incurred in connection with your use of the Wallet or other third-party services.
In addition to the representations set forth in the Wallet Terms and the Terms of Service, you make the following representations regarding your use of the Wallet and other third party services:(a) You represent and warrant that you are legally permitted to use the Wallet in your jurisdiction including owning Blockchain Assets and interacting with the Platform in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Rhove is not liable for your compliance or non-compliance with such laws.(b) You represent and warrant that you are not a person or entity identified on: (i) a list established under section 83.05 of the Criminal Code (Canada), any Regulations made under the United Nations Act (Canada), the Freezing Assets of Corrupt Foreign Officials Act (Canada), the Justice for Victims of Corrupt Foreign Officials Act (Canada), the Special Economic Measures Act (Canada) or any other Canadian statutes or regulations that take legislative measures against terrorist financing and against financial dealings with certain sanctioned individuals and entities; (ii) a list of specially designated national and/or blocked persons maintained by the Office of Foreign Assets Control of the United States Treasury Department; (iii) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; or (iv) any similar list promulgated by an official agency, ministry or department of the United States.(c) You represent and warrant that you are not a resident of, or located in, any of the countries to which Canada or the United States has embargoed goods or has otherwise applied any sanctions (a “Prohibited Jurisdiction”).(d) You represent that you will not (or attempt to) purchase, sell, rent, or give away access to your Wallet, create a Wallet using a false identity or information, or on behalf of someone other than yourself.(e) You represent that you will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Wallet or Platform or otherwise act in a manner that may negatively affect other users' experience when using the Wallet or Platform. This includes taking advantage of errors and any other act that intentionally abuses or goes against the design of the Wallet or Platform.Rhove reserves the right to determine what conduct it considers to be a breach of these representations. Rhove reserves the right to take action as a result, which may include prohibiting you from accessing services provided by Rhove, in whole or in part.
If we directly or indirectly issue or otherwise make a non-fungible token (“NFT”) available to you, or otherwise on or through the Platform or your use thereof, you acknowledge such NFT is not a security and is made available “AS-IS” without warranty or deposit guarantee, including without limitation without any express or implied expectation of appreciation or profits.
You further understand and agree that the sale of NFTs (or any NFT created and sold through "drops") grants you no rights and carries with it no guarantee of future performance of any kind. The NFTs are not securities and are not an investment in Rhove or any Series of Rhove Real Estate 1 LLC. You are not entitled, as a holder of any NFT, to vote or receive dividends or profits or be deemed the holder of any securities. Rhove does not accept virtual currencies to invest in any securities offered by Rhove or affiliates. Any subscription to invest in securities must be made in USD. Please read all terms and conditions and all available materials carefully.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Platform, including without limitation Petition features and Raise features. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Changes to the Platform
Linking to the Platform and Social Media Features
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Platform is based in the state of Ohio in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You may not access or otherwise use the Platform from outside the United States. We make no representations, warranties, or claims regarding the compliance of the Website, or any use thereof, with EU or other foreign country privacy or data security laws. We do not desire to process personal data of data subjects outside of the United States, and do not otherwise intend to offer goods or services to or monitor the behavior of data subjects outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us personal data of an identified or identifiable person outside of the United States. For the purpose of this paragraph, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the purpose of this paragraph, personal data shall mean any information relating to an identified or identifiable natural person.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files or other data or information available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR OTHER DEVICE EQUIPMENT, COMPUTER OR OTHER DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE PLATFORM, OR OTHERWISE FROM OR THROUGH SUBCONTRACTORS, SERVICE PROVIDERS, OR OTHER VENDORS OF THE PLATFORM OR RHOVE IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE PLATFORM OR OTHERWISE FROM OR THROUGH SUBCONTRACTORS, SERVICE PROVIDERS, OR OTHER VENDORS OF THE PLATFORM OR RHOVE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RHOVE NOR ANY PERSON ASSOCIATED WITH RHOVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED FROM OR OTHERWISE MADE AVAILABLE FROM OR THROUGH SUBCONTRACTORS, SERVICE PROVIDERS, OR OTHER VENDORS OF THE PLATFORM OR RHOVE. WITHOUT LIMITING THE FOREGOING, NEITHER RHOVE NOR ANYONE ASSOCIATED WITH RHOVE REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR OTHERWISE FROM OR THROUGH SUBCONTRACTORS, SERVICE PROVIDERS, OR OTHER VENDORS OF THE PLATFORM OR RHOVE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PROPERTY INFORMATION OR OTHER PRIVATE PLACEMENT INFORMATION MADE AVAILABLE THROUGH THE PLATFORM, IF ANY, ARE MADE AVAILABLE BY THE APPLICABLE RHOVER, NOT RHOVE, AND FOR THE AVOIDANCE OF DOUBT, WITHOUT LIMITING THE FORGOING, RHOVE MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO PROPERTIES, INCLUDING WITHOUT LIMITATION THE CONTENT OR EXISTENCE OF PROPERTIES OR THEIR CONDITION OR FINANCIALS. BY WAY OF EXAMPLE, ALL DESCRIPTIONS, IMAGES, VIDEO, FINANCIALS, AND OTHER INFORMATION RELATED TO A PROPERTY IS MADE AVAILABLE BY THE APPLICABLE RHOVER, NOT RHOVE. WITHOUT LIMITING THE FORGOING, RHOVE IS NOT RESPONSIBLE OR LIABLE FOR ANY ERROR, OMISSION, INTERUPTION, DELETION, DEFECT, DELAY, IN OPERATION OR TRANSMISSION, COMMUNICATIONS, LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO, OR ALTERATION OF RHOVER CONTRIBUTIONS OR OTHER RHOVER COMMUNICATIONS.RHOVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL RHOVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR TECHNOLOGY LINKED TO OR FROM IT, ANY RHOVER CONTRIBUTIONS OR OTHER CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE PLATFORM OR OTHERWISE FROM OR THROUGH PROPERTY OWNERS, SUBCONTRACTORS, SERVICE PROVIDERS, OR OTHER VENDORS OF THE PLATFORM OR RHOVE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, FINANCIAL DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL RHOVE’S AGGREGATE LIABILITY HEREUNDER EXCEED THE LESSER OF THE AMOUNT RECEIVED BY RHOVE FROM YOU FOR THE USE OF THE PLATFORM IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $10.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Rhove, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your Rhover Contributions, your interactions with any Rhover or any interaction with or use of Rhover Contributions, and any other use of or interaction with the Platform’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained on, through or from the Platform, any Rhover, or Rhove.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Columbus and County of Franklin although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Rhove’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.
Class Action Waiver
You and Rhove agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No class arbitration is permitted, and no arbitrator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Rhover cannot and may not affect any other Rhover.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Rhove of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rhove to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the sole and entire agreement between you and Rhove with respect to the Platform and its offerings, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and its offerings.
Your Comments and Concerns
This Platform is operated by Roost Enterprises Inc., dba Rhove: 629 North High Street, Columbus, Ohio 43215.All notices of copyright infringement claims should be sent to firstname.lastname@example.org.All other feedback, comments, requests for technical support and other communications relating to the Platform and its offerings should be directed to email@example.com.Bank services are provided through the banking software provider, Synapse. To report a complaint relating to the bank services, email firstname.lastname@example.org.
Neither Rhove Real Estate 1, LLC nor Roost Enterprises., Inc. make investment recommendations and no communication, through this site, mobile app or in any other medium should be construed as a recommendation for any security offered on or off this investment application. Investment opportunities posted are private placements of securities that are not publicly traded, involve a high degree of risk, may lose value, and are intended for investors who do not need a liquid investment. Past performance is not indicative of future results. Investors must be able to afford the loss of their entire investment. Neither Rhove Real Estate 1, LLC nor Roost Enterprises., Inc., nor any of their officers, directors, agents and employees makes any warranty, express or implied, of any kind whatsoever related to the adequacy, accuracy or completeness of any information on this Site or the use of information on this Site. Offers to sell securities can only be made through official offering documents that contain important information about the investment and the issuers, including risks. Investors should carefully read the offering documents. Investors should conduct their own due diligence and are encouraged to consult with their tax, legal and financial advisors before investing . You may also obtain a copy of the Offering Circular here.